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2022 DAILYLAW 764 (ORI)

RISHIKESH SAHOO v. STATE OF ODISHA

CRLMC/1232/2022 · 2026-04-09

Miss Savitri Ratho

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1232 of 2022 Rishikesh Sahoo …. Petitioner Mr. Narayan Prasad Parija, Advocate -versus- 1. State of Odisha 2. Reshma Subudhi @ Sahoo …. Opposite Parties Mr. Amitabh Pradhan, Additional Standing Counsel CORAM: THE HON’BLE MISS JUSTICE SAVITRI RATHO Order No. ORDER 09.04.2026 04. (Through hybrid mode) 1. The CRLMC has been filed with a prayer for quashing of the proceedings in G.R. Case No.1597 of 2017 pending before the learned S.D.J.M. (Sadar) Cuttack, arising out of Cuttack Mahila P.S. Case No.91 of 2017 which has been registered under Sections 498- A/323/307/506/34 of the IPC and Section 4 of the D.P. Act against the Petitioner, his parents and his two sisters. 2. Perusal of Annexure-2 reveals that after investigation, charge-sheet dated 16.01.2018 has been submitted against the Petitioner, his father Bijaya Kumar Sahoo and mother Sanjukta Sahoo for commission of offences under Sections 498- A/323/406/506/34 of the IPC and Section 4 of D.P. Act. Page 2 of 3 3. Mr. N.P. Parija, learned counsel for the Petitioner submits that due to intervention of the well-wishers of the parties, the parties agreed to part ways amicably for which a joint petition i.e. Civil Proceeding No.272 of 2021 had been filed under Section 13-B of the Hindu Marriage Act in which it has been stated at paragraph-8 that the litigations pending between the parties will not be proceeded and all the litigations will automatically come to an end by passing a decree of mutual divorce after which the Petitioner and Opposite Party No.2 are leading their separate lives. Vide judgment dated 10.01.2022, the marriage between the parties has been dissolved by a decree of divorce on mutual consent under Section 13-B of the Hindu Marriage Act. As per their agreement Rs.25 lakhs has been paid to the Opposite Party No.2 towards permanent alimony. As no steps have been taken by the Opposite Party No.2 for withdrawal or quashing the proceeding in G.R. Case No.1597 of 2017 pending in the Court of the learned SDJM (Sadar), Cuttack for which the Petitioner was constrained to file this CRLMC praying for quashing of the proceeding in G.R. Case No.1597 of 2017. 4. Notice had been issued to the Opposite Parties by order dated 06.01.2025 but office note indicates that notice has returned unserved from Opposite Party No.2 with the postal endorsement “Always door locked hence returned to sender”. 5. In view of the fact that the marriage between the parties has been dissolved by a decree of mutual divorce and it has been agreed between them that all litigation pending between them will come to a close and pursuant to such mutual divorce and judgment, an amount of Rs.25 lakhs by way of Demand Draft has been paid to the Opposite Party No.2, no useful purpose would be served by keeping the proceedings pending. On the other hand it would be in the interest of justice if the proceedings are quashed. 6. The proceedings in G.R. Case No.1597 of 2017 in the Court of learned S.D.J.M. (Sadar) Cuttack which arise out of Cuttack Mahila P.S. Case No.91 of 2017 are accordingly quashed. 7. The CRLMC is disposed of by judgment recorded in separate sheets. 8. Copy of this order be communicated to the learned S.D.J.M. (Sadar), Cuttack forthwith by the Registry. (Savitri Ratho) Judge RKS